Water Bill

Tessa Munt Excerpts

Monday 25th November 2013 Commons Chamber

[Tessa Munt (Wells) (LD)]

I apologise for not being present for the opening of the debate; this was because I was attending a Committee elsewhere in the House.

I want to address three areas: fracking, flooding on farmland and flood insurance. I shall start with flood insurance. Much of the patch that I represent is at or below sea level, and it is prone to flooding. Many planning permissions on land in areas that have already flooded are in existence now, but I want to concentrate on future developments. In large parts of my constituency, it would be hard to build any sort of home or business without it being on the flood plain. Would the Minister consider encouraging local authorities to look at the townhouse model? Homes should be built on stilts in flood areas, or at least with garages at ground floor level so that people are not put at risk through flooding and so that goods and property can be moved to upper floors more easily to avoid damage.

I have a minor suggestion for the Minister. It was suggested earlier that the water companies should be a statutory consultee, but would it also be possible for representatives of the Association of British Insurers to clarify the insurance situation on new property proposals being put before development committees, when they involve developments in areas of flood risk? In that way, developers would be forced to use design to mitigate the risk, and purchasers would understand the risks and insurance costs involved, as well as knowing that they would be able to get insurance for their home or business.

Turning to flooding on farmland, I should like to pay tribute to my hon. Friend the Member for Newbury (Richard Benyon), who took the trouble to visit my constituency when he was the Minister with responsibility for this issue. He visited the Axe and Brue valleys in April this year and met more than 100 farmers and smallholders whose homes, stock and businesses had been severely affected by months of flooding. The farmers made it clear that the rivers, rhynes and waterways had suffered over the past 13 to 15 years because they had not been cleared or maintained. They had been neglected in the areas served by the Axe and the Brue rivers. There were problems with silt, blockages and overgrowing. In Somerset, money usually goes to the areas surrounding the Tone and Parrett rivers, but it is important that all our waterways should be maintained and improved.

The Environment Agency’s six aims and objectives recognise wildlife, flora and fauna, but there is no recognition whatever of the value of productive land. There should be, particularly at a time when food production is so important and we desire to be self-sufficient, or at least self-supplying. That point was also highlighted regularly. I hope that the Minister will use this opportunity to ensure that the residents and businesspeople in my part of Somerset get the dredging that they need and the ongoing maintenance that they deserve from the Environment Agency. I also hope that the agency and the Government will recognise the value of productive land, and that there is a response to the need to protect agricultural interests as well.

[Ian Swales]

Does my hon. Friend agree that failure to dredge does not often result in a cost to those who should be dredging, and that it mainly results in a cost to the insurance industry? Does she think that something should be done about that?

[Tessa Munt]

My hon. Friend is absolutely right. It would be so much better if we could get the dredging programme sorted out, because it would get rid of the need for massive insurance claims. In my area, if water can reach the pumps, it can be pumped away. Because of the lack of dredging, however, it cannot reach the pumps. It is possible to see the pumps from the flooded areas, but the water cannot reach them and therefore cannot be taken away. Dredging would cure that problem.

My final area of concern is the risk that fracking for shale gas poses to our rivers and groundwater in terms of pollution and water stress. The Bill already amends the 2010 environmental permitting regulations that cover fracking activities, making it an excellent opportunity to address these concerns and strengthen the existing regulatory framework. The House has heard repeatedly that our regulatory regime for fracking is the most stringent in the world, and it is true that, if properly implemented and enforced, the existing regulations could mitigate many of the risks posed by fracking. However, although fracking has been taking place for years, this particular new technology that is planned for the UK brings more serious risks that we cannot properly assess at this early stage. Even the best regulatory regime can only mitigate risk; it cannot eliminate it. That means that a water pollution incident cannot be ruled out. It is therefore of considerable concern that it is not clear who would be liable if something does go wrong. One of the main risks from fracking is pollution of groundwater, which can occur because of faults in production wells. Groundwater clean-up is very costly and can take decades. For example, the contamination of a chalk aquifer near St Albans in Hertfordshire in 2000 led to an extensive contamination of the public drinking water supply, and the cost of the clean-up, which took a decade, was about £16 million.

Even if liability for pollution can be proven, there remains a risk that fracking companies could go bankrupt, leaving taxpayers or water companies with the costs. That has been a major issue in the case of Scottish Coal, whose liquidators have been given permission to abandon coal mines and polluted land without carrying out restoration or in any way controlling pollution from the sites. Instead of identifying and addressing these risks, it appears that the opposite direction of travel is being taken. Not only is there pressure to simplify and streamline regulation, with the Environment Agency committing to, for example, a dramatic reduction in the time it takes to issue permits to fracking operators, but there is evidence to suggest that existing regulations are not being adequately enforced. For example, at Preese Hall, the Environment Agency did not issue environmental permits for the disposal and management of flow-back waste water; it only discovered after the site had been hydraulically fractured that the flow-back fluid should be classified as radioactive waste.

If experiences in the United States have taught us anything, it would be that we need a strict regulatory regime. We cannot rely on putting our faith in the industry behaving well on a voluntary basis. In a groundbreaking peer-reviewed study of aquifers overlying the Marcellus and Utica shales in Pennsylvania and New York, Osborn et al, 2011, uncovered systematic evidence of methane contamination of drinking water linked to shale gas extraction.

In England, a third of all our domestic water supply comes from groundwater reserves, which are also essential for industry and farming. It is vital that we go as far as possible to mitigate risks in advance and ensure that we make provision to cover the full costs of clean-ups. With that in mind, I ask the Minister to ensure the Bill addresses these issues by implementing a liability guarantee. Such a guarantee would ensure the public purse and the taxpayer are not hit when anything goes wrong.

My next big concern is the amount of water that is required for the production of shale gas. Shale gas exploration and production is a highly water-intensive industry, and the process of fracking requires enormous volumes of water. At Preese Hall up to 8,400 cubic metres—about the equivalent of three and a half Olympic-sized swimming pools—is required per well. The fracking process may have to be repeated several times over the life of the well to keep the gas flowing. With proposals for thousands of sites, each with multiple wells, the potential drain on our already stressed rivers and groundwater could be huge.

I ask the Minister and his Department to consider the Bill as an opportunity to address these concerns by reforming the abstraction regime for taking water from the environment. That should go a long way to ensuring that additional pressure on water resources from fracking does not result in the over-abstraction of water from areas already under water stress. If the Government choose to exploit this new resource, we can make sure that we do so in a way that does not place unacceptable risks on the environment or on the public purse. Such an approach will also guard against unnecessary resource risks to our communities, our countryside and our businesses.